Research On Legal Issues Of Bankruptcy Property Network Auction

The online auction of property in bankruptcy proceedings refers to the public disposal of the debtor’s property by the bankruptcy administrator through online electronic bidding platforms in accordance with the law.In practice,due to the unclear recognition of the legal nature of online auctions of bankruptcy property and the mixed use of commercial auction rules and judicial auction rules,online auctions of bankruptcy property are often in a chaotic state,causing difficulties in the application of rules in judicial practice.This article starts with clarifying the concept of bankruptcy property,exploring the legal characteristics of online auction of bankruptcy property,and clarifying its legal nature,limiting the research object of this article to bankruptcy property in bankruptcy liquidation procedures.By analyzing the practical problems faced by online auctions of bankruptcy property in practice,this paper explores the special rules applicable to them.The first part of the article explains the basic concepts of online auction of bankruptcy property and identifies the research object.The second part explores the pilot development stage of online auction of bankruptcy property and the relevant implementation measures introduced by local courts.It sorts out the current trial status of online auction of bankruptcy property,conducts in-depth analysis of the selected cases,and summarizes the problems that exist in judicial practice.The third part reveals the irrationality of applying judicial auction rules to online auctions of bankruptcy property from the perspectives of auction subjects,legal characterization,and rights protection.The fourth part is guided by problem-solving,clarifying the legal status of the administrator as the subject of the auction.The nature of online auction of bankruptcy property is mainly commercial auction and has public law attributes.On this basis,analyze the problems existing in the handling of regret auctions,tax and fee obligations,and defects in the subject matter,and propose improvement suggestions.